A Glendale deputy district attorney said Wednesday he will appeal a judge's ruling barring the principal evidence against an 18-year-old Glendale man charged with racial terrorism.
Glendale Municipal Judge Charles Horan ruled Monday that fingerprints linking John Anthony Giambrone Jr. to neo-Nazi stickers posted on utility poles and storefronts in Montrose last spring were inadmissible as evidence because Giambrone's prints were taken after an illegal arrest.
Deputy Dist. Atty. Philip Heeger said Giambrone was charged under a 1982 misdemeanor statute sometimes referred to as the Synagogue Desecration Statute. It prohibits demonstrations or the posting of literature meant to frighten or terrorize people. Conviction carries a maximum penalty of 1 year in jail and a $5,000 fine.
Heeger said Glendale police arrested Giambrone and five juveniles as they drove through Montrose on June 2, the day after the stickers appeared. Police stopped the car for a traffic infraction and, after observing open beer cans, arrested the occupants on suspicion of carrying open alcohol containers in a car, Heeger said.